Clear And Unmistakable Error (cue)

[allan]

Clear and Unmistakable Error (CUE)

The United States Court of Veterans Appeals (hereinafter the Court) has held that "n order for there to be a valid claim of 'clear and unmistakable error,' there must have been an error in the prior adjudication of the claim." Russell v. Principi, 3 Vet.App. 310, 313 (1992). Clear and unmistakable error occurs when the correct facts, as they were known at the time, were not before the adjudicator, or the statutory or regulatory provisions extant at the time were incorrectly applied. Id. Clear and unmistakable error is error which, had it not been made, would have manifestly changed the outcome at the time it was made. . Errors which are harmless do not give rise to the need for revising the previous decision. Id. Clear and unmistakable errors are errors that are undebatable, so that it can be said that reasonable minds could only conclude that the original decision was fatally flawed at the time it was made.

Edited April 30, 2009 by allan

[Pete53]

Better to win your claim first before you throw in the CUE card and when you win than ask for CUE. Just my opinion the VA fights a CUE claim tooth and nail

[john999]

The VA's first line of defense in a CUE is to just say "No CUE was made" ...denied!!! When they take it in their minds to deny a CUE everything they say boils down to just "We don't want to pay or admit a mistake". The CUE law favors the VA so much that it does take a mighty good claim to get past the minefield. Have you met any "reasonable minds" at the VA lately?

[jbasser]

One good thing about it is that if the RO commits a cue and denys the cue claim, A Veteran has other alternatives to follow. The BVA or the CAVC.

These actions do consume time but if you have a solid cue then you will win in the long run. The RO just does not accept responsibility for their actions.

No quality assurance during ongoing claims processing to catch the mistakes. This is what they really need.

J

[carlie]

John999,

A housekeeping employee at Bay Pines told me recently,

"Gosh - we sure do need some rain."

I can't find any CUE in his statement - lol.

That's the only one I've met lately.

carlie

Edited May 1, 2009 by carlie

[jbasser]

hello,I am a new menber ,I have a legal cue claim under usc 5109 a c. The va, made a mistake In 1994, I was granted a non service connected conditions, and never Informed of this ,my lawyer found It out. I was P&T total. I am service connected TSGS air force medical retired at 100%, the 1994 decision was made before va approved 100% service connected. bases on my air force records , KUSN

I am glad you found out. Most poor Vets dont. They just take what they get. Now lay it on them. It apalls me that they can do this especially if a Vet gets a MEB at 100 percent. I hope you break their bank.

J

[etihwr]

Allan is constantly providing the correct reg's. Also you can't use an attorney unless your appealing. This is the law. If your reopening your claim, you have to use a service organization or a individual. If you using an attorney, they can't charge you for their services. If you lose the inital claim, then on the appeal they can charge you 20% for whatever you can recover. Just remember the Supreme Court raised the bar for CUE claims. It is now very hard to win a claim. Yes you heard about someone else, but again everything is in the details. Most people do not release the details of their claim and thus you only hear what they want you to hear. Unless the case is from the US Court of Veterans Appeals or higher, you shouldn't be quoting it since it can't be used to help you and, "I heard" is the biggest crock I have ever dealt with as a service officer. Rumor control has never won a case.